On November 9, 2023, the Federal Data Protection and Information Commissioner (FDPIC) released a statement in which it clarified the framework of artificial intelligence (AI) in the country.

The FDPIC noted that, although Switzerland is currently evaluating a sectoral approach to AI regulation and aims to regulate AI by the end of 2024, the Federal Act on Data Protection 2020 (FADP) is directly applicable to AI-supported data processing, since it was formulated in a technology-neutral manner.

In particular, the FDPIC highlights that manufacturers, providers, and users of AI systems must:

• make the purpose, functionality, and data sources of AI-based processing transparent;
• comply with the right of data subjects to object to automatic data processing or to request that automated individual decisions be checked by a human;
• specifically, when intelligent language models communicate directly with users, comply with data subjects' right to know whether they are speaking or corresponding with a machine and whether the data they enter will be further processed to improve self-learning programs or for other purposes;
• make the use of programs that enable the falsification of faces, images, or voice messages of identifiable people always be clearly visible, unless in the specific case, it is completely unlawful due to criminal law prohibitions; and
• conduct a Data Protection Impact Assessment (DPIA) in case of high-risk data processing that involves AI.

You can read the press release, only available in German and French, here.